Appellate

  • September 24, 2026

    Kellogg Seeks High Court Review Of 6th Circ. Pension Ruling

    The U.S. Supreme Court should resolve a circuit split on whether actuaries must use up-to-date life expectancies when converting pension benefits from one form to another, Kellogg argued, asking the justices to scrap the Sixth Circuit's answer to the Employee Retirement Income Security Act query.

  • September 24, 2026

    3rd Circ. Eyes 'Compromise' Instruction In Equal Pay Case

    A Third Circuit panel on Thursday appeared to take issue with a district judge's suggestion that a jury "compromise" in reaching a verdict in favor of female teachers who alleged Central Bucks School District paid them less than a male colleague.

  • September 24, 2026

    5 Circuit Splits To Watch At The High Court

    The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. 

  • September 24, 2026

    Squires Undoes 2024 PTAB Invalidation Of EagleView Patent

    U.S. Patent and Trademark Office Director John Squires has thrown out a two-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • September 24, 2026

    1st Circ. Rejects Puerto Rico Bondholders' $8.5B Claim

    The First Circuit has upheld a ruling barring Puerto Rico electric utility bondholders from asserting an $8.5 billion claim against the island's government under its own restructuring plan.

  • September 24, 2026

    Thriving Rivals Disprove Hillrom Antitrust Suit, 3rd Circ. Told

    Hill-Rom Holdings Inc. told the Third Circuit on Thursday a Pennsylvania hospital had no evidence the equipment supplier illegally sidelined competitors from the hospital bed market, noting its deals tying discounts to exclusivity hadn't put multiple rivals out of business.

  • September 24, 2026

    PACER Experiences Outages Of Some Court Dockets

    PACER, the online public repository of federal court documents, experienced technical errors on Wednesday and Thursday preventing some users from accessing certain court dockets.

  • September 24, 2026

    Full 5th Circ. Tough On Aetna's Bid To Arbitrate Aramark Suit

    The Fifth Circuit seemed skeptical Thursday of Aetna's bid to force a health plan benefits dispute from food services giant Aramark into arbitration, with judges picking the insurer's arguments apart during an en banc rehearing.

  • September 24, 2026

    Pipeline Groups Say Enbridge Ruling Weakens Tribal Deals

    Two oil and gas industry groups have urged the Seventh Circuit to reconsider part of its ruling that Enbridge Energy is trespassing on Wisconsin tribal lands, arguing that the decision could make long-term pipeline agreements with tribes less reliable.

  • September 24, 2026

    Fla. Judge To Get Reprimand For Remark On Shooting Attys

    The Florida Supreme Court on Thursday ordered a public reprimand of a state district court judge for "intemperate and caustic" comments about shooting attorneys during a hearing.

  • September 24, 2026

    9th Circ. Reinstates Vax Objector's Religious Bias Case

    The Ninth Circuit on Sept. 24 reopened a nurse's lawsuit alleging an Oregon hospital unlawfully put her on unpaid leave rather than accommodate her religious objection to its COVID-19 vaccine mandate, faulting the trial court for overlooking a letter in which she explained why she wanted an exemption.

  • September 24, 2026

    New Eastern La. Judge's 5th Circ. Bid Goes To Full Senate

    U.S. District Judge Anna St. John of the Eastern District of Louisiana, who was confirmed to her current post in March, is one step closer to being elevated to the federal appeals bench.

  • September 23, 2026

    7th Circ. Skeptical Of UP's Temporal BIPA Contractor Argument

    A Seventh Circuit panel seemed skeptical Wednesday that a government contractor exception in Illinois' biometric privacy law should be applied through a temporal test to determine whether such a contract's mere existence is enough to excuse defendants from the statute's informed consent requirements.

  • September 23, 2026

    Nestle Asks Justices To Review 'Sustainable' Cocoa Classes

    Nestle asked the U.S. Supreme Court to review a divided Ninth Circuit decision upholding class certification of millions of consumers who bought chocolate labeled "sustainably sourced" in a lawsuit claiming the chocolate is produced through child labor and deforestation.

  • September 23, 2026

    9th Circ. Backs Delta Immunity Over In-Flight Restraint

    Airlines are broadly immune from civil litigation when they report to law enforcement a passenger behaving suspiciously, the Ninth Circuit ruled Wednesday, ending litigation by a passenger who secured a $7 million verdict against Delta Air Lines after a jury found he had not behaved suspiciously and that flight staff had caused him to be injured.

  • September 23, 2026

    Goldstein Not Leaving Prison Any Time Soon, 4th Circ. Rules

    The Fourth Circuit balked late Wednesday at freeing Tom Goldstein from prison as he fights felony convictions, and it rejected fast-track review of the renowned appellate advocate's trial, indicating he'll likely spend substantial time behind bars even if his appeal succeeds.

  • September 23, 2026

    Newman's Roadblocks Guide Judicial Conduct Reform Bill

    The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

  • September 23, 2026

    Texas Court Probes Construction Dispute For $1B Plant

    A Texas appeals court seemed hesitant to keep intact a $21 million productivity award involving a $1 billion plastic pellet manufacturing plant owned by a subsidiary of chemical and polymer heavyweight LyondellBasell Industries, saying Wednesday that the trial court found that the company breached its agreement with a contractor in the construction of a plant.

  • September 23, 2026

    Calif. Appeals Court Revives Antitrust Suit Against Claritev

    A California state appeals court held in a published opinion that health insurer reimbursements for services are prices that, if fixed or tampered with, are subject to antitrust scrutiny, reviving a lawsuit that accused MultiPlan Corp. of violating antitrust law through pricing tools used by health insurance providers.

  • September 23, 2026

    Circuit Rift On Pension Credit May Catch Supreme Court's Eye

    The Seventh Circuit recently established how to credit employers for a previous partial withdrawal from a multiemployer pension fund when calculating liability for a complete exit, resulting in a split with the Ninth and Eleventh circuits and raising the likelihood the issue could eventually reach the U.S. Supreme Court, attorneys said.

  • September 23, 2026

    Colo. Town Says Agenda Change Didn't Void Closed Meeting

    A Colorado Court of Appeals panel appeared skeptical Wednesday that an improperly noticed meeting revokes the privacy privilege of an executive session held at the meeting in a town's appeal of a lower court's order to make what was discussed during the session public.

  • September 23, 2026

    9th Circ. Grounds Suit Over Wash. Airport Flight Path Pollution

    A Ninth Circuit panel said Wednesday that a provision of the Clean Air Act limiting state regulation of aircraft emissions is enough to extinguish a group of Washington residents' proposed class action against Delta Air Lines, Alaska Airlines and the Seattle-Tacoma International Airport's operator over alleged flight path pollution.

  • September 23, 2026

    Squires Wants Even More Review Of Patent From $253M Case

    The U.S. Patent and Trademark Office director again intervened in a case stemming from a Patent Trial and Appeal Board's invalidation of patent claims in a $253 million judgment against GoDaddy, asking the Federal Circuit to remand an appeal over a decision by top judges that revived the claims.

  • September 23, 2026

    Conn. Panel Seeks Info On Intervenor Standing In Setoff Case

    A Connecticut appellate court has asked for more information about whether intervenors challenging caps that could cut millions of dollars of benefits in a state-managed rehabilitation of PHL Variable Insurance Co. are actual policyholders who have standing to be involved in an appeal.

  • September 23, 2026

    5th Circ. Asks Texas Students If Drag Is Same As 'Striptease'

    The full Fifth Circuit pressed student LGBTQ+ advocacy organizations to explain how drag shows on Texas college campuses met the standards for First Amendment protection, asking Wednesday if the organizations were arguing the schools should allow "striptease" performances.

Expert Analysis

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

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